Fact or opinion? The dispute in EnergyAustralia's greenwashing court battle
EnergyAustralia is defending its "Go Neutral" product against greenwashing allegations by saying its representations of "carbon neutral" products were opinion, not fact.
The first hearing in a landmark greenwashing lawsuit has seen lawyers for EnergyAustralia and climate advocacy group Australian Parents for Climate Action draw some clear lines in the sand on how they plan to approach the legal battle.
The case is the first big test for corporate marketing of carbon neutral products in Australia, and could change the way companies market their use of carbon offsets. AP4CA has alleged EnergyAustralia's "Go Neutral" option for electricity and gas is misleading consumers because the company still relies on fossil fuel production.
Barrister Robert Dick SC appeared before Federal Court of Australia Judge Michael Wigney today on behalf of A4PCA, setting out how arguments in the case look at this juncture.
"Whereas our case is that the 'Go Neutral' representations being made on EnergyAustralia’s website are all representations of objective fact, which we say are misleading, in its defence EnergyAustralia has sought to characterise those representations as representations of opinion," he said.